How Is This Legal?
Developed over 13 years using existing law for patient access to medicinal cannabis in all 50 states.
The Compassionate Use Act of 1996 is a California Law that allows anyone to become members of a cannabis collective with the recommendation of a doctor. Article 4 Section 1 of the US Constitution says: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.” This means that Article IV, Section 1 ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different. It is also known as the reciprocity clause.
Under the Affordable Care Act, patients can see doctors via telemedicine services from the privacy of their homes. Internet based video conference calls enable their doctors to write prescriptions and recommendations in a legal and accepted way, without leaving home.
A teleconference appointment with a CA doctor will give a treatment plan, a physical medical cannabis card, and a signed recommendation for membership with Medicine Man. Legally, under the provisions of the ACA, this is the same thing as the patient traveling to CA to see the doctor in person.
When a patient uses the Medicine Man process, it legally makes them a California patient under the protections of the Compassionate Use Act. Even though they may live in another state, through this process, they are California patients.
There are several legal safeguards with Medicine Man, the first of which is our compliance within the legal framework mentioned above. The second is the medical card, which in many cases can shield a patient from scrutiny by agents of the state. The third is the discreet way we ship the medication. We ship direct to patients’ homes in non-descript packaging without labels indicating the contents of the package, thereby protecting each patient’s privacy.